Trying to get facts straight in discussing the bar on felons owning firearms...
In TX, after five years, some of the AKBA (ability to keep and bear arms) is restored (under TX penal code 46.04) but not the right to possess a firearm outside of the home (46.04).
The BATF's interpretation under Caron VS US (1998) and Hampton vs US (1999, 6th cir) is based on 18USC921(a)(20)(B), that as long as there is any lingering restriction on firearms rights, the felony is still in force for the purposes of 18USC922.
Since Bean has been pardoned, and presumably this includes firearms rights, does he automatically get the right to own firearms again? I understand the situation is somewhat complicated because his conviction isn't really state-level.
If someone else had been convicted of a state felony and had been pardoned, does the BATF automatically allow firearms transfers again? Or would the person have to present evidence of the pardon through official channels? What if the State's own laws restore all firearms rights after 5 or 10 years? Would the person still have to present evidence (sending the appropriate sections of state law certified mail to the BATF?
)
Or, does the restoration of rights rely on the BATF's ability to expunge felonies regardless of the plain language of 18USC921(a)(20)(B), meaning the BATF's "lack of funds" to restore rights prevents any ex-felon from ever regaining the right to own firearms denied by 18USC922(g)(1)?
Discussion of U.S. vs Bean, where Kharn brings up some of these points near the end...
http://www.thehighroad.org/showthread.php?s=&threadid=37052&highlight=U.S+vs+bean
relevant cases:
U.S. vs Bean (2002)
Hampton vs US (1999, 6th cir.)
Caron vs US (1998 - related only to the career criminal bit of 18USC925, but reasoning is relevant to the intent of 18USC921(a)(20)(B))
In TX, after five years, some of the AKBA (ability to keep and bear arms) is restored (under TX penal code 46.04) but not the right to possess a firearm outside of the home (46.04).
The BATF's interpretation under Caron VS US (1998) and Hampton vs US (1999, 6th cir) is based on 18USC921(a)(20)(B), that as long as there is any lingering restriction on firearms rights, the felony is still in force for the purposes of 18USC922.
Since Bean has been pardoned, and presumably this includes firearms rights, does he automatically get the right to own firearms again? I understand the situation is somewhat complicated because his conviction isn't really state-level.
If someone else had been convicted of a state felony and had been pardoned, does the BATF automatically allow firearms transfers again? Or would the person have to present evidence of the pardon through official channels? What if the State's own laws restore all firearms rights after 5 or 10 years? Would the person still have to present evidence (sending the appropriate sections of state law certified mail to the BATF?
)Or, does the restoration of rights rely on the BATF's ability to expunge felonies regardless of the plain language of 18USC921(a)(20)(B), meaning the BATF's "lack of funds" to restore rights prevents any ex-felon from ever regaining the right to own firearms denied by 18USC922(g)(1)?
Discussion of U.S. vs Bean, where Kharn brings up some of these points near the end...
http://www.thehighroad.org/showthread.php?s=&threadid=37052&highlight=U.S+vs+bean
relevant cases:
U.S. vs Bean (2002)
Hampton vs US (1999, 6th cir.)
Caron vs US (1998 - related only to the career criminal bit of 18USC925, but reasoning is relevant to the intent of 18USC921(a)(20)(B))